Plaintiffs appeal constitutional ruling of Oregon gun Measure 114

PORTLAND, Ore. (KOIN) – Gun advocates filed an appeal on Monday after a federal judge ruled that Oregon’s voter-approved gun Measure 114 was constitutional.

The ruling came down Friday afternoon and states that Oregon has the legal authority to restrict large-capacity magazines. Judge Karin Immergut also approved the new permit system created under the measure.

Measure 114 describes “large capacity” magazines as “fixed/detachable magazines (or functional equivalent) that can accept ‘more than 10 rounds of ammunition and allows a shooter to keep firing without having to pause to reload.’” The measure also includes exceptions for “lever-action firearms and permanently altered fixed magazines, 10 rounds or fewer.”

Since voters approved the gun control measure in 2022, some have called it unconstitutional, claiming that it violated the Second Amendment. The disagreement focused primarily on whether high-capacity magazines are considered firearms or accessories.

The plaintiff’s attorney -- representing The Oregon Firearms Federation, Grayguns Inc., G4 Archery, LLC., the Second Amendment Foundation and the Firearms Policy Coalition Inc. -- made the case that magazines are critical for the gun, so they should be considered firearms, but attorneys defending Measure 114 argued that detachable magazines are accessories – not firearms – and don’t affect the operability of the gun itself.

Despite the ruling on the measure’s constitutionality, Measure 114 is still on hold in Oregon because of a separate legal challenge underway in Harney County. That case is slated to begin in September.